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Home My WebLink AboutMinutes_Special Master_12/08/2011 VILLAGE OF TEQUESTA SPECIAL MASTER CODE ENFORCEMENT HEARING MINUTES December 8, 2011 PRESENT: Special Master Kevin Wagner; Code Enforcement Officer Joe Petrick, and Village Attomey Jenn'rfer Gardner Ashton. The hearing was called to order at 10:00 A.M. The Pledge of Allegiance was led by Special Magistrate Kevin Wagner. The following cases were heard by the Special Master: Status Hearinas - None Fine Assessment Hearinqs 1. Case Number: 2011-00034 DDR Retail Real Estate LTD 105 US Highway 1(Tequesta Shoppes) Tequesta, FL 33469 PCN: 60-43-40-30-00-003-0050 Legal Description: 30-40-43, WLY 692.40 FT OF GOVLT 3 LYG E OF & ADJ TO SR 5(LESS N 200 FT, PB61 P32 & PB65P103) & NLY 121.76 FT OF ELY Intemational Property Maintenance Codes: 102; Maintenance 301; General 302; Exterior Property Areas 303; Exterior Structure 304; Interior Structure 305: Rubbish and Garbage 504; Plumbing Systems and Fixtures 505; Plumbing Supply 506; Sanitary Drainage System 507; Storm Drainage 603; Mechanica.l Equipment 605; Electrical Equipment Village of Tequesta Codes: Chapter 30 Article II Section 30-33; Prohibited Conditions December 8, 2011 Page 2 of 6 Chapter 78 Article VIII Section 78-299; Satellite Television Antennae Systems and Structures Chapter 78 Article VIII Section 78-300; Location and Screening of Dumpsters Chapter 78 Article X Section 78-700; Drainage and Maintenance of Off Street Parking Areas Chapter 78 Article X Section 78-701; Marking and Lighting of Parking Areas Chapter 78 Article XI Section 78-745; Prohibitions in All Zoning Categories Findings of Fact were the Respondent is the owner of the above described property; the Respondent was represented at the hearing by Richard E Forrest II; there was a finding of proper notice. Both the Code Compliance Officer and the Building Official for the Village test'rfied that Respondent is progressing toward complete compliance and that presently there are no health, safety, welfare violations that remain outstanding. The Respondent offered into evidence a certified engineering letter regarding the structural cracks in the building. The Building Official reviewed the letter and based upon the letter's contents, advised that the structural cracks would not be a health, safety, welfare issue. The parties agree that this matter should be continued until the February 23 2012 agenda. As such no further findings shall be made at this time. Special Magistrate Wagner ordered that this matter shall be continued to the February 23, 2012 agenda for further consideration and action at that time. 2. Case No. 2011-00123 Jan Goodman 220 Golf Club Circle Tequesta, Florida 33469 PCN: 60-42-40-26-01-000-5320 Legal Description: Tequesta Lot 532 Intemational Property Maintenance Code 303.2; Protective Treatment; Chapter 30, Article II, Section 30-33; Prohibited Conditions This Case was pulled from the agenda. 3. Case Number: 2011-00161 December 8, 2011 Page 3 of 6 Patricia Hegarty 81 Fairview East Tequesta, FL 33469 PCN: 60-42-40-26-01-000-5320 Legal Description: TEQUESTA LT 532 Chapter 30 Article II Section 30-33; Prohibited Conditions Findings of fact were the Respondent is the owner of the above described property; the Respondent was not present at the hearing, however, there was a finding of proper notice; based upon evidence presented at the December 8, 2011, Special Magistrate Hearing the Special Magistrate finds that the property is in violation of Section 30-33 of the Code of Ordinances of the Village of Tequesta and such violation of Section 30-33 represents a serious threat to the health safety and welfare of the Village residents due to the height of the weeds and grass. Conclusions of law were that the above stated facts constitute a continuing violation of Section 30-33 of the Code of Ordinances of the Village of Tequesta. Special Magistrate Wagner ordered that the Village may continue to abate the violation of Section 30-33 by taking reasonable actions conceming the height of the weeds and grass and in order to alleviate the dangerous conditions that such vegetation issues may present to surrounding areas pursuant to legislative authority granted to the Village by Section 162.09 Florida Statutes. Such abatement action by the Village shall in no way create a continuing obligation or any present or future liability for any damage to the property that may result from such good faith attempts to abate the violations. Additionally the Village may continue to abate the nuisance in the future whenever the height of the vegetation and overgrowth conditions again violate Village Code as documented in the code enforcement files for the property. The Village may also later request a fine assessment hearing on this matter in order to recover the costs of these abatement activities by the Village. Respondent also is assessed the Village costs of abatement to date in the amount of $150.00. A certffied copy of this Order may be recorded in the Public Records of Palrr� Beach County Florida, and once recorded shall constitute a lien against the property upon which the violation exists and upon any other real or personal property owned by the Respondent pursuant to Chapter 162 Florida Statutes. December 8, 2011 Page 4 of 6 4. Case Number: 2011-00143 Suzanne Mertk 75 Willow Road Tequesta, FL 33469 PCN: 60-43-40-30-06-000-0630 Legal Description: RIDGEWOOD HOMES SEC 2 LT 63 Chapter 14 Article VI Section 14-152; Building Permits Findings of fact were the Respondent is the owner of the above described property; the Respondent was not present at the hearing, however, there was a finding of proper notice. By the Order Finding Violation in this matter the Special Magistrate ordered the Respondent to comply with Section 14-152 of the Code of Ordinances of the Village of Tequesta on or before December 5, 2011. Based upon the evidence, pictures, and testimony presented at the hearing by the Code Compliance Officer and the Building Official on December 8, 2011, the Special Magistrate found that the property remained in violation of Section 14-152. Conclusions of law were that the above-stated facts constitute a continuing violation of Section 14-152 of the Code of Ordinances of the Village of Tequesta. Special Magistrate Wagner ordered that a Fine of Fifty Dollars per day be assessed for the violations which have existed on the property beginning from December 5, 2011, and the fine amount shall continue to accrue at Fifty Dollars per day until compliance is achieved. The Respondent also is assessed $209.98 for administrative costs incurred by the Village for the December 8, 2011, hearing. These costs are in addition to previously assessed Administrative costs of $315.31 associated with the previous violation hearing. A certified copy of this Order may be recorded in the Public Records of Palm Beach County Florida and once recorded shall constitute a lien against the property upon which the violation exits and upon any other real or personal property owned by the Respondent pursuant to Chapter 162 F/orida Statutes. Reqeat Violation Hearinas — None Violation Hearinqs — None Forclosure Authorizations — None Fine Reduction Hearinas 10. Case Number: 2011-00180 December 8, 2011 Page 5 of 6 Duetsche Bank American Home Mortgage Keith Bettenhausen 153 Chapel Lane Tequesta, FL 33469 PC N : 60-42-40-25-36-000-0200 Legal: Chapel Cort Sec 3 Lt 20 Chapter 30 Article II Section 30-33; Prohibited Conditions Chapter 78 Article IX Section 78-339; Irrigation Findings of fact were that based upon the June 25, 2009, Order Assessing Fine for above referenced case number, the Special Magistrate assessed a Fine in the amount of Nineteen Thousand Five Hundred and Twentyfive Dollars. Respondent requested a hearing seeking mitigation of the lien amount assessed. The property is no longer in violation of Sections 30-33 and Section 78-339 of the Code of Ordinances of the Village of Tequesta. Conclusions of law and order Order of the Village of Tequesta Special Magistrate were that the fine in this case be reduced to $1,952.50. The Respondent is hereby ordered to pay this mitigated fine along with the Village's outstanding administrative costs in the amount of $456.83 no later than January 6 2012. Should the reduced fine plus administrative costs not be paid by January 6, 2012 then the fine amount shall revert to its original amount of $19,525.00. Minutes Special Magistrate Wagner approved the minutes of the October 20, 2011 hearing. Adiournment There being no further cases, the meeting was adjourned. Respectfully submitted, ��- O Betty Laur Recording Secretary ATTEST: December 8, 2011 Page 6 of 6 .,.. � , : ��..� . ' /,�-� Co � Enforcement Officer APPROV� ' �` � � � �� / � l ' , >� ,.� � �� /�— �� .;�'.� , Special Master Date Approved ,�,,